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1. The Incheon District Court C or D (Dual) was drawn up on March 27, 2014 with respect to the case of applying for auction of vessel.
Reasons
1. Under the underlying facts, the following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, and 3, evidence No. 5-2, evidence No. 10, and evidence No. 18-1, and 3.
The seafarers listed in the annexed list No. 1 (hereinafter referred to as “Plaintiff A, etc.”) including Plaintiff A, on board the baseline E (hereinafter referred to as “instant vessel”) of Pakistann nationality. Plaintiff B is a person who worked as the captain of the instant vessel, and the Defendant is a mortgagee of the instant vessel.
B. 1) On March 28, 2013, the Defendant filed an application for voluntary auction based on the right to collateral security with respect to the instant vessel, and commenced the voluntary auction procedure with the former District Court Gunsan BranchF on March 28, 2013. On April 25, 2013, the said auction court decided to transfer the instant vessel to the Incheon District Court having jurisdiction over anchorage of the instant vessel, and received the transfer to the Incheon District Court C. Meanwhile, on May 27, 2013, the Plaintiff et al. filed an application for auction based on the right to collateral security with respect to the instant vessel on May 27, 2013 while the said auction procedure was in progress, and the auction procedure was initiated with the Incheon District Court D on June 4, 2013.
C. On March 27, 2014, the court of auction prepared a distribution schedule with the content that distributes the amount of KRW 58,793,092 in total to the Plaintiff, etc., who is the person having the right to demand a distribution (the priority creditor), and KRW 5,521,139, and KRW 6,050,427,256 to the Defendant, who is the right to demand a distribution, in the second order among the amount to be actually distributed as of March 27, 2014, and KRW 6,794,101,215, and KRW 58,792, and KRW 5,521,139, and KRW 329,260,631 (the sum of the designated persons’ objection) out of the Defendant’s dividends, and on April 1, 2014, Plaintiff B filed a lawsuit of demurrer against the distribution of this case.
2. The governing law of maritime lien;
A. The plaintiffs' assertion.